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Revised Statute from The UK Statute Law Database

Administration of Justice Act 1985 (c. 61)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2003, 2004, 2005, 2007, 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Administration of Justice Act 1985

1985 CHAPTER 61

Contents

Go to Preamble

  1. Part I

    Solicitors

    1. Solicitors’ discipline

      1. 1.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 2. Examination of solicitors’ files in connection with complaints

      3. 3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. Practising certificates

      1. 4. Issue of practising certificates subject to conditions

      2. 5. Conditions imposed on current certificates

    3. Restrictions applying to unqualified persons

      1. 6. Preparation of conveyancing documents by unqualified persons

      2. 7. Preparation of papers for probate etc. by unqualified persons

    4. Other amendments

      1. 8. Other amendments of Solicitors Act 1974

    5. Incorporated practices

      1. 9. Incorporated practices

      2. 10. Penalty for pretending to be a body recognised under s. 9

  2. Part II

    Licensed Conveyancing

    1. Preliminary

      1. 11. Provision of conveyancing services by licensed conveyancers

    2. The Council for Licensed Conveyancers

      1. 12. Establishment of the Council

    3. Training and licensing of persons seeking to practise as licensed conveyancers

      1. 13. Training rules

      2. 14. Applications for licences

      3. 15. Issue of licences by Council

      4. 16. Conditional licences

      5. 17. Imposition of conditions during currency of licence

      6. 18. Suspension or termination of licences

      7. 19. Register of licensed conveyancers

    4. Code of conduct

      1. 20. Rules as to professional practice, conduct and discipline

    5. Financial requirements

      1. 21. Professional indemnity and compensation

      2. 22. Keeping of accounts and establishment of client accounts

      3. 23. Interest on clients’ money

    6. Disciplinary and other proceedings

      1. 24. Preliminary investigation of disciplinary cases

      2. 25. The Discipline and Appeals Committee

      3. 26. Proceedings in disciplinary cases

      4. 27. Removal of disqualification from holding a licence

      5. 28. Revocation of licence on grounds of fraud or error

      6. 29. Appeals from decisions of Council in relation to licences

      7. 30. Supplementary provisions relating to disciplinary and other proceedings

    7. Intervention by Council

      1. 31. Intervention in licensed conveyancer’s practice and examination of files

    8. Recognised bodies

      1. 32. Provision of conveyancing services by recognised bodies

    9. Miscellaneous and supplemental

      1. 33. Legal professional privilege

      2. 34. Modification of existing enactments relating to conveyancing etc

      3. 35. Penalty for pretending to be a licensed conveyancer or recognised body

      4. 36. Offences by bodies corporate

      5. 37. Service of documents

      6. 38. Rules

      7. 39. Interpretation of Part II

  3. Part III

    Legal Aid

    1. Legal aid complaints

      1. 40. Legal aid complaints: preliminary

      2. 41. Application to legal aid complaints against barristers of disciplinary provisions

      3. 42. Exclusion of barristers from legal aid work

      4. 43. Jurisdiction and powers of Solicitors Disciplinary Tribunal in relation to complaints against solicitors

      5. 44. Exclusion of solicitor from legal aid work

    2. Advice and assistance

      1. 45.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. Legal aid in criminal proceedings

      1. 46.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  4. Part IV

    The Supreme Court and County Courts

    1. Proceedings relating to estates of deceased persons and trusts

      1. 47. Power of High Court to make judgments binding on persons who are not parties

      2. 48. Power of High Court to authorise action to be taken in reliance on counsel’s opinion

      3. 49. Powers of High Court on compromise of probate action

      4. 50. Power of High Court to appoint substitute for, or to remove, personal representative

      5. 51. Amendments relating to jurisdiction of county courts and district probate registrars in probate proceedings

    2. Garnishee proceedings

      1. 52. Administrative and clerical expenses of garnishees

    3. Reimbursement of costs

      1. 53. Reimbursement of additional costs resulting from death or incapacity of presiding judge etc

    4. Register of county court judgments

      1. 54. Register of county court judgments

    5. Relief from forfeiture in county court

      1. 55. Power of county court to grant relief from forfeiture for non-payment of rent

    6. Interpretation

      1. 56. Interpretation of Part IV

  5. Part V

    Miscellaneous and Supplementary

    1. Miscellaneous

      1. 57.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 58.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 59. Pensions Appeal Tribunals: provision for appeals by non-residents to be heard in Scotland or Northern Ireland

      4. 60.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 61. Constitution of [youth courts] in London

      6. 62. Amendments of Judicature (Northern Ireland) Act 1978

      7. 63.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      8. 64. Northern Ireland rules of court with respect to disclosure of expert evidence etc

      9. 65.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. Supplementary

      1. 66.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 67. Consequential amendments and repeals

      3. 68. Extent: power to make corresponding provision for Northern Ireland

      4. 69. Short title, commencement, transitional provisions and savings

  6. SCHEDULE 1

    Minor Amendments of Solicitors Act 1974

  7. SCHEDULE 2

    Incorporated Practices: Supplementary Provisions

  8. SCHEDULE 3

    The Council for Licensed Conveyancers: Supplementary Provisions

  9. SCHEDULE 4

    The Discipline and Appeals Committee: Supplementary Provisions

  10. SCHEDULE 5

    Intervention in Licensed Conveyancer’s Practice

  11. SCHEDULE 6

    Bodies Recognised under s.32: Supplementary Provisions

  12. SCHEDULE 7

    Consequential Amendments

  13. SCHEDULE 8

    Repeals

  14. SCHEDULE 9

    Transitional Provisions and Savings

An Act to make further provision with respect to the administration of justice and matters connected therewith; to amend the Solicitors Act 1974; to regulate the provision of solicitors’ services in the case of incorporated practices; to regulate the provision of conveyancing services by persons practising as licensed conveyancers; to make further provision with respect to complaints relating to the provision of legal aid services; to amend the law relating to time limits for actions for libel and slander; and to make further provision with respect to arbitrations and proceedings in connection with European patents.

[30th October 1985]

X1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Modifications etc. (not altering text)

C1By Criminal Justice Act 1991 (c.53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s.70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

Editorial Information

X1The text of ss. 1–10, 60–62, 65, 67–69, Schs. 1, 2, 7 paras. 4–6, Sch. 8 Pt. III, Sch. 9 paras. 1–7, 17 was taken from S.I.F. Group 76:1 (Lawyers and Notaries), ss. 11–39, 66, 68, 69, Schs. 3–6 from S.I.F. Group 98:1 (Property, England and Wales), ss. 40-46, 67–69, Sch. 7 paras. 1–3, Sch. 8 Pt. III, Sch. 9 paras. 8, 9 from S.I.F. Group 77:1 (Legal Aid), ss. 47–50, 51(2), 52, 53, 56–59, 67(2), 68, 69, Sch. 8, Sch. 9 paras. 10, 11, 14, 15 from S.I.F. Group 37 (Courts: Supreme Court, England and Wales), ss. 51(1), 52–56, 67–69, Sch. 7 paras. 7, 8, Sch. 8 Pts. II, III, Sch. 9 paras. 11–13 from S.I.F. Group 34 (County Courts: England and Wales), ss. 63, 68, 69, Sch. 9 para. 16 from S.I.F Group 122:3 (Tort and Delict) and ss. 64, 68, 69 from S.I.F. Group 47 (Evidence); provisions omitted from S.I.F. have been dealt with as referred to in other commentary.

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